New York Good Samaritan Law: A Good Deed Goes Unpunished

The other day, a client was telling me a story. While trying to describe someone’s personality, he said this:

“She is the type of person who will find fault in everything you do. If you push her off the tracks just seconds before she is about to be hit by a high speed locomotive, she will sue you for hurting her leg and making a mess. his clothes. “

And that reminded me of New York’s Good Samaritan law, today’s topic.

Common law: no good deed goes unpunished

Generally speaking, there is no obligation to come to the aid of someone who has been in an accident and needs emergency medical assistance. However, not long ago, if you tried to provide medical assistance to someone and failed to rescue, you were likely to be sued. Therefore, polite passersby would not dare to attempt a rescue.

Since common law deterred bystanders from attempting to provide medical assistance to those in need, the legislature, recognizing that this outcome was unacceptable and undesirable, enacted in 2000 what is generally known as the Good Samaritan law.

Effect of the law

New York’s Good Samaritan law sets out specific circumstances in which a person will not be liable for ordinary negligence in attempting to provide medical assistance. Instead, they will only be liable in cases of gross negligence.

Gross negligence

Simply put, neglect is the lack of ordinary care. Gross negligence means not taking a minimum of care, or it is such careless conduct that it shows a total disregard for the rights and safety of others.

When applied

The law is not in a centralized part, but is integrated into various provisions of New York Public Health Law and New York Education Law.

Importantly, New York’s Good Samaritan law is limited to medical care or treatment. The heart of the law is found in Pub. Health Law §3000-a, which provides in part:

Any person who voluntarily and without expectation of monetary compensation provides first aid or emergency treatment at the scene of an accident or other emergency outside of a hospital, doctor’s office or any other place that has the appropriate and necessary medical equipment, to an unconscious person , ill, or injured, will not be liable for damages for injuries allegedly suffered by said person or for damages for the death of said person allegedly occurred due to an act or omission in the provision of said emergency treatment unless it is established that such injuries or death were caused by gross negligence on the part of said person.

Voluntary act; No expectation of monetary compensation

An important issue here is that the person acts voluntarily and without the expectation of monetary compensation. This is significant because the protection extends to dentists (Educ. On Law §661[6]), physicians (Education Law §6527[2]), nurses (Education Law §6909[1]), medical assistants (Education Law §6547) and physical therapists (Education Law §6737), as long as they are not in a place with the appropriate and necessary medical equipment, and they are not rendering their professional or licensed services in the course ordinary of your practices.

Automated external defibrillator (AED) and epinephrine autoinjector (Epi-pen) devices

However, the law is somewhat different for emergency healthcare providers or for those individuals or entities that purchase or make available automated external defibrillator (AED) devices or epinephrine auto-injector devices. In those cases, the emergency medical care provider, person or entity, will not be responsible for the use of that equipment if a person voluntarily and without expectation of monetary compensation provides first aid or emergency medical treatment, and will not be held responsible. for the use of defectively manufactured equipment.

However, the law expressly states that it will not limit claims against the emergency healthcare provider, person or entity that purchased or made that equipment available for their own negligence, gross negligence, or willful misconduct. Pub. Health Law §3000-a (2). See also Pub. Health Law §3000-b (Automated External Defibrillators) and Pub. Health Law §3000-c (epinephrine autoinjector).

Go ahead be a hero

Again, it’s safe to play superhero, but remember to use at least ordinary care.

(NOTE: Emergency medical technicians and volunteer ambulance services are subject to more technical provisions under Public Health Law §3013).